Tennessee 2025-2026 Regular Session

Tennessee House Bill HB0152 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2	SENATE BILL 136
3	3	By Briggs
4	4
5	5	HOUSE BILL 152
6	6	By Wright
7	7
8	8
9	9	HB0152
10	10	000646
11	11	- 1 -
12	12
13	13	AN ACT to amend Tennessee Code Annotated, Title 5;
14	14	Title 6; Title 7 and Title 8, Chapter 44, relative to
15	15	meetings conducted with electronic participation.
16	16
17	17	BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
18	18	SECTION 1. Tennessee Code Annotated, Section 5-5-106, is amended by deleting the
19	19	section and substituting:
20	20	(a) Each member of a county legislative body must attend each and every
21	21	session of the body, and be allowed to vote and draw pay for attendance.
22	22	(b)
23	23	(1) Notwithstanding subsection (a) and title 8, chapter 44, part 1, and
24	24	upon the adoption of this subsection (b) by the county legislative body by a two-
25	25	thirds (2/3) majority vote, a member of a county legislative body may participate
26	26	in a scheduled commission meeting by electronic means, including, but not
27	27	limited to, videoconferencing or other web-based media, but only for the following
28	28	reasons:
29	29	(A) The commissioner is dealing with a family or medical
30	30	emergency as determined by the county legislative body;
31	31	(B) The commissioner has been called into military service; or
32	32	(C) The commissioner is unable to attend in person due to
33	33	inclement weather.
34	34	(2) A commissioner who is absent shall only participate in a meeting
35	35	through electronic means if the commissioner can be visually identified by the
36	36	chair.
37	37
38	38
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40	40
41	41	(3) A county legislative body may opt out of electronic participation in
42	42	accordance with this section in the same manner that the legislative body opts in
43	43	under subdivision (b)(1).
44	44	(c) A county legislative body shall not conduct a commission meeting with
45	45	electronic participation unless a quorum of commissioners is present at the physical
46	46	location of the meeting. No more than twenty percent (20%) of the total membership of
47	47	the legislative body, not to exceed three (3) members, may participate electronically.
48	48	(d) A commissioner shall not participate electronically in commission meetings
49	49	more than two (2) times per year.
50	50	(e)
51	51	(1) All meetings of a legislative body conducted by electronic means
52	52	under this section must remain open and accessible to the public by providing
53	53	real-time, live audio or video access to the public.
54	54	(2) A clear audio or video recording of the meeting must be made
55	55	available to the public as soon as practicable following the meeting, and in no
56	56	event more than two (2) business days after the meeting.
57	57	(3) In the public notice required by § 8-44-103, the county legislative
58	58	body shall provide information regarding how the public can obtain real-time, live
59	59	access to, or a broadcast of, the meeting, and the legislative body is strongly
60	60	urged to provide an agenda for the meeting in such notice.
61	61	(f) The county legislative body adopting this section shall develop a policy for
62	62	conducting meetings with electronic participation.
63	63	(g) Subsections (b)-(g) are deleted on July 1, 2018.
64	64	SECTION 2. Tennessee Code Annotated, Title 6, Chapter 54, Part 1, is amended by
65	65	adding the following as a new section:
66	66
67	67
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69	69
70	70	(a)
71	71	(1) Notwithstanding title 8, chapter 44, part 1, or any private act, home
72	72	rule, or general law charter to the contrary, and upon adoption of this section by
73	73	the municipal legislative body by a two-thirds (2/3) majority vote, a member of a
74	74	municipal legislative body may participate in a scheduled legislative body
75	75	meeting by electronic means, including, but not limited to, videoconferencing or
76	76	other web-based media, but only for the following reasons:
77	77	(A) The municipal legislative body member is dealing with a
78	78	family or medical emergency as determined by the municipal legislative
79	79	body;
80	80	(B) The municipal legislative body member has been called into
81	81	military service; or
82	82	(C) The municipal legislative body member is unable to attend a
83	83	meeting due to inclement weather.
84	84	(2) A municipal legislative body member who is absent shall only
85	85	participate in a meeting through electronic means if the member can be visually
86	86	identified by the chair.
87	87	(3) A municipal legislative body may opt out of electronic participation in
88	88	accordance with this section in the same manner that the legislative body opts in
89	89	under subdivision (a)(1).
90	90	(b) A municipal legislative body shall not conduct a meeting that includes
91	91	electronic participation unless a quorum of the municipal legislative body is present at
92	92	the physical location of the meeting. No more than twenty percent (20%) of the total
93	93	membership of the legislative body, not to exceed three (3) members, may participate
94	94	electronically.
95	95
96	96
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98	98
99	99	(c) A municipal legislative body member shall not participate electronically in
100	100	meetings more than two (2) times per year.
101	101	(d)
102	102	(1) All meetings of a legislative body conducted by electronic means
103	103	under this section must remain open and accessible to the public by providing
104	104	real-time, live audio or video access to the public.
105	105	(2) A clear audio or video recording of the meeting must be made
106	106	available to the public as soon as practicable following the meeting, and in no
107	107	event more than two (2) business days after the meeting.
108	108	(3) In the public notice required by § 8-44-103, the municipal legislative
109	109	body shall provide information regarding how the public can obtain real-time, live
110	110	access to, or a broadcast of, the meeting, and the legislative body is strongly
111	111	urged to provide an agenda for the meeting in such notice.
112	112	(e) The municipal legislative body shall develop a policy for conducting meetings
113	113	that include electronic participation.
114	114	(f) This section is deleted on July 1, 2028.
115	115	SECTION 3. This act takes effect upon becoming a law, the public welfare requiring it.